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Tips for Maximizing Your Compensation in a Malpractice Case

— April 19, 2022

The burden of proof in a medical practice case lies with you- the plaintiff.

Medical malpractice injuries can result from misdiagnoses, medication errors, incorrect treatment for a medical condition, surgical errors, birth injuries, and more. It occurs when a healthcare professional shows medical negligence or an omission that can cause bodily harm to patients under their care. If a medical doctor, physician, nurse, or dentist injures you, you have the right to claim compensation for damages, healthcare expenses, pain and suffering, punitive damages, lost wages, and other ongoing medical costs.

Knowing the malpractice case aspects, you have control over can help you get maximum compensation for your damages. The compensation covers any physical, emotional, and financial harm you suffered. It seeks to restore your pre-injury condition as much as possible. Outlined below are tips for maximizing your reward in a malpractice case.

  1. Hire an experienced medical malpractice attorney

Hiring an attorney specializing in medical malpractice can help boost your compensation because they understand the complexities of medical malpractice cases, including understanding the injury types, proving negligence, and the various procedures involved. A medical malpractice lawyer from a reputable firm such as The Tinker Law Firm PLLC knows what you’re entitled to and what they can include in the claim to get maximum compensation.

Your lawyer could seek more compensation if you suffered a permanent injury, disability, or scarring. The right attorney will consider the expenses of the medical treatment to date, future medical care and treatment, lost benefits and wages to date, emotional trauma, and pain and suffering. They can negotiate for the maximum compensation possible for your damages thanks to their negotiation skills.

  1. Collect evidence

The burden of proof in a medical practice case lies with you- the plaintiff. Gathering evidence strengthens your case and increases your chances of obtaining maximum compensation. The evidence you gather should prove that a doctor-patient relationship existed, the healthcare practitioner was negligent, their negligence resulted in your injuries, and the injuries led to losses like medical bills and wages or death. With this evidence, your attorney can present it in a way that the defense can’t counter, maximizing your chances of compensation.

  1. Seek immediate medical treatment

While seeking immediate medical attention helps mitigate further injuries and damages, it is crucial in determining your personal injury claim’s value. Follow through with the treatment, from taking all the required tests to treatment and therapy. While your medical treatment records may serve as strong evidence in your malpractice case, failure to comply with the doctor’s orders may result in the defense attorneys using that against you. They might argue that your injuries weren’t severe enough because you needed minimal medical care, significantly reducing your personal injury claim’s value.

  1. File your claim on time

If you don’t get a solution even after contacting the medical practitioner involved in your case and the relevant medical licensing board, filing a medical malpractice case should be your next step. When deciding to file your claim, it’s essential to determine how much time you need to bring the claim legally. All civil lawsuits, including medical malpractices, have time limits for when they must be filed.

These limits are known as the statute of limitations, and they vary depending on the state you live in. They guide you on the timelines within which you should file your claim since the injury happened. Failure to stick to the set guidelines may cause you to lose your right overcompensation. Consult your medical malpractice attorney for advice and file your compensation claim accordingly.

  1. Keep off social media

    Collage of a woman’s face, a camera lens, and various social media symbols; image by Geralt, via
    Image by Geralt, via

Social media can destroy your personal injury case, especially if you post photographs and comments on Facebook, Instagram, and Twitter, because anybody can read them, including the defense lawyers. In malpractice cases, defense lawyers can use some of your seemingly innocuous photos to prove that you’re exaggerating your symptoms or have already recovered. If you have a medical malpractice case, consider keeping it off social media or risk losing your chances for compensation.

  1. Be honest about your injury’s extent

Exaggerating or lying about your injuries to get a higher compensation is fraudulent and against the law. Whether you’re testifying in court or making insurance claims, it’s essential to be honest. In most cases, the defense lawyers might have you investigated or look for proof to verify the truth of your claims. If they discover that your compensation claim is exaggerated or falsified, you’ll lose your credibility in court, meaning you might get less or no compensation.

  1. Don’t undervalue your claim

Underestimating your claim eliminates your chances of getting fully compensated. You have the right to get total compensation for all your injuries, no matter how severe. A professional malpractice attorney can help value your claim accordingly for total compensation.


Medical malpractices can leave you with severe injuries or cause you to lose a loved one. Use these tips to maximize compensation in a malpractice case.

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